2022 QCCQ 13594, 2022 QCCQ 13594

Protection de la jeunesse — 228305 2022 QCCQ 13594 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 760-41-004378-124 DATE: December 16, 2022 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2006 Youth ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A B Parents ______________________________________________________________________ JUDGMENT Article 95 (1) & (2) of the Youth Protection Act ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection seeks the revision and extension of protective measures applied in regard to the youth in relation to psychological ill-treatment and educational neglect. [ 2 ] In virtue of the last judgment dated October 13, 2021, the Court entrusts the youth to Ms. C while providing contacts with his parents following mutual agreement and his expressed wished.

Additional measures accompany these orders, the whole for one year. [ 3 ] Alleging the youth’s need to pursue his evolution towards his autonomy in a more neutral environment, the Director recommends that he transition to independent living, while continuing to receive services for a further 9 months. [ 4 ] Both the youth and his parents consent to the conclusions. [ 5 ] The Court grants the application for the following reasons. Analysis and decision [ 6 ] Since the last order, the youth’s relationship with his caregiver gradually deteriorates.

Conflicts and frustrations reach a breaking point despite the services put in place. The youth becomes increasingly abusive and withdraws his cooperation. [ 7 ] In August, the Court places the youth in a reception center on a provisional basis. Although his situation remains challenging, his behaviours stabilize and with time, he is able to better center himself on his future. [ 8 ] The youth has had no contacts with his mother. He states that he is open to such, but that she fails to engage nor show any interest. [ 9 ] It is only recently that the youth starts to see his father on a more regular basis.

Both maintain that their visits are going generally well. [ 10 ] The parents are little involved in the follow-up, although the situation has shown some improvement in the last months. [ 11 ] X has been in placement for many years and known many environments. His complex history has left him with emotional and relational challenges which seem to impede the objective of attaining lasting stability in a family environment. [ 12 ] He is intelligent, passionate, and well-spoken. These outstanding qualities need to continue to be nurtured in order to help him

move forward and find balance in his life. [ 13 ] The youth being more appeased, he is able to manifest clear life goals, namely eventually joining the military. He is clear- eyed as to his situation and understands the efforts he has to make to reach his objectives. He is ready to invest himself in the support services in place. [ 14 ] The evidence demonstrates that it is in a neutral and autonomous structure that he will best succeed. As such, the conclusions sought represent his best interests and respect the objectives of the law.

FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the youth are still in danger; [ 17 ] REVISES and EXTENDS the Court order rendered on October 13, 2021; [ 18 ] ORDERS that the youth be entrusted to a rehabilitation center chosen by the Director until December 19, 2022; [ 19 ] ORDERS that the youth be entrusted to his father on December 19, 2022; [ 20 ] TAKES ACT that the youth will then integrate an autonomous apartment; [ 21 ] ORDERS that the contacts between the youth and his mother be following agreement between the youth, the mother and the Director and according to the youth’s wishes; [ 22 ] TAKES ACT that the Director is in agreement to let the mother and the youth organize the frequency and modalities of their contacts between themselves; [ 23 ] TAKES ACT that the Director wishes to be informed of the frequency of the contacts between the mother and the youth; [ 24 ] ORDERS that the contacts between the youth and his extended family members be following agreement between the parties and according to the youth’s wishes [ 25 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their youth’s regard to put an end at the situation in which the security or development of their child is in danger; [ 26 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and his family; [ 28 ] ALL THESES MEASURES for nine months; [ 29 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Audrey-Anne Monière Attorney for the Applicant Me Mélodie Verreault-Nantel Attorney for the mother Me Danielle Lamarre Trignac Attorney for the father Me Karine P. Poissant Attorney for the youth Date of hearing: December 16, 2022